Barnacles, Aristocracy And Truth Denial: Three Not So Beautiful Aspects Of Contemporary Mediation,
2015
Hamline University School of Law
Barnacles, Aristocracy And Truth Denial: Three Not So Beautiful Aspects Of Contemporary Mediation, James R. Coben
Cardozo Journal of Conflict Resolution
Like any fairy tale, the Sleeping Beauty story has many variations. Most are far more complicated and sinister than the Disneyesque version that the public is familiar with. The same is true with mediation. On the surface, it is a beautiful story-self-determination, mediator neutrality, and party empowerment. In practice, especially in litigated cases, something else quite dark is actually transpiring: parties are literally locked away from one another. Mediators routinely testify and often actively "assist parties" to see the world as the mediators and the parties' lawyers do. Settlement is a prime directive and driving force. Institutionalization through statute and …
Law And Development In West And Central Africa (Ohada),
2015
Southern Methodist University, Dedman School of Law
Law And Development In West And Central Africa (Ohada), Peter Winship
Faculty Journal Articles and Book Chapters
This seminar paper considers whether OHADA - an experiment in unifying business law in African countries - has been a success. Following a prologue that explains the origins of the paper, the first part of the paper sets out basic information about the Organisation pour l’Harmonisation du Droit des Affaires en Afrique (“Organization for the Harmonization of Business Law in Africa,” known by the acronym OHADA). This part is followed by a review of law and development literature to assess the value of this literature for an evaluation of the success (or not) of OHADA. A third part then focuses …
Veil-Piercing's Procedure,
2015
University of Missouri School of Law
Veil-Piercing's Procedure, Sam F. Halabi
Faculty Publications
With the lines between shareholders and corporations blurring over constitutional rights like free exercise of religion and political speech, questions as to how and under what circumstances the law respects or disregards the separation between shareholders and their corporations have never been more urgent. In the corporate law literature, these inquiries have overwhelmingly focused on the doctrine of piercing the corporate veil, a judicial mechanism normally applied to hold shareholders responsible for the obligations of corporations. The last twenty years of veil-piercing scholarship has been largely devoted to empirical analyses of veil-piercing cases collected from Lexis and Westlaw searches. Since …
The Codex Alimentarius Commission, Corporate Influence, And International Trade: A Perspective On Fda's Global Role,
2015
University of Missouri School of Law
The Codex Alimentarius Commission, Corporate Influence, And International Trade: A Perspective On Fda's Global Role, Sam F. Halabi
Faculty Publications
Section 305 of the FDA Food Safety Modernization Act specifically calls for FDA to develop recommendations on whether and how to harmonize requirements under the Codex Alimentarius Commission (“Codex”), an international organization charged with developing food standards, guidelines, codes of practice and “other recommendations to ensure fair practices in food trade and protect[ion of] the health of consumers.” FDA’s International Food Safety Capacity-Building Plan is largely supportive and deferential to Codex, concluding that “the use of Codex standards helps assure a safe global food supply.” To be sure, Codex’s stated mission and policies should create and facilitate adoption of universal …
Mediation: The Best And Worst Of Times,
2015
Fordham Law School
Mediation: The Best And Worst Of Times, Jacqueline Nolan-Haley
Cardozo Journal of Conflict Resolution
At this period in the evolution of dispute resolution, mediation is in a unique time zone, similar to what Dickens described in a Tale of Two Cities, as the best and worst of times, the seasons of Light and Darkness. It is the best of times, the season of Light and a time of joy in honoring human connections, as mediation is widely embraced in the public and private sectors. From government agencies and courts to corporations and United Nations peacemaking units, mediation offers a vision of hope in the midst of drowning bureaucracies, clogged dockets, corporate scandals and …
Are Bilateral Investment Treaties And Free Trade Agreements Drafted With Sufficient Clarity To Give Guidance To Tribunals?,
2015
Universities of Louvain and Namur
Are Bilateral Investment Treaties And Free Trade Agreements Drafted With Sufficient Clarity To Give Guidance To Tribunals?, Benard Hanotiau
American University Business Law Review
No abstract provided.
The Interface Between Arbitration And The Brussels Regulation,
2015
Erasmus School of Law
The Interface Between Arbitration And The Brussels Regulation, Filip De Ly
American University Business Law Review
No abstract provided.
Challenges To The Credibility Of The Investor-State Arbitration System,
2015
American University Washington College of Law
Challenges To The Credibility Of The Investor-State Arbitration System, Michael Nolan
American University Business Law Review
No abstract provided.
The Future Of International Arbitration In Central And Eastern Europe,
2015
American University Washington College of Law
The Future Of International Arbitration In Central And Eastern Europe, Wojciech Sadowski
American University Business Law Review
No abstract provided.
Salient Features Of International Commercial Arbitration In East Asia: A Comparative Study Of China And Japan,
2015
Chinese University of Hong Kong
Salient Features Of International Commercial Arbitration In East Asia: A Comparative Study Of China And Japan, Fan Kun
American University Business Law Review
No abstract provided.
A Modest Proposal For Preventing Multipartite Arbitrations From Being A Burden To The Parties And For Making Them Beneficial To The Parties,
2015
American University Washington College of Law
A Modest Proposal For Preventing Multipartite Arbitrations From Being A Burden To The Parties And For Making Them Beneficial To The Parties, Alexis Martinez, Rostislav Pekar
American University Business Law Review
No abstract provided.
The Extension Of The Arbitral Agreement To Non-Signatories In Europe: A Uniform Approach?,
2015
University of Paris Dauphine
The Extension Of The Arbitral Agreement To Non-Signatories In Europe: A Uniform Approach?, Eduardo Silva Romero, Luis Miguel Velarde Saffer
American University Business Law Review
No abstract provided.
Advancing A Framework For Regulating Cryptocurrency Payments Intermediaries,
2015
Indiana University Maurer School of Law
Advancing A Framework For Regulating Cryptocurrency Payments Intermediaries, Sarah Jane Hughes, Stephen T. Middlebrook
Articles by Maurer Faculty
This Article looks at competing models for regulating providers of services to individuals and businesses that take cryptocurrencies in payment for goods and services, including operators of online wallets and exchanges, and other cryptocurrency market intermediaries whose functions resemble "money service businesses" or "money transmission." We conclude that, in addition to whatever "money services" or "money transmission "prudential regulation the States or federal government may adopt, the operation of wallets and exchanges requires a new commercial law that lays out rights and liabilities of cryptocurrency users in a robust and transparent fashion. We use Article 4A of the Uniform Commercial …
Dealing With Corporate Misconduct,
2015
Wayne State University
Dealing With Corporate Misconduct, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Front Matter,
2015
Syracuse University
Road To Recovery: Pakistan's Human Rights Crises In The Fata,
2015
Syracuse University College of Law
Road To Recovery: Pakistan's Human Rights Crises In The Fata, Naji'a Tameez
Syracuse Journal of International Law and Commerce
No abstract provided.
Syracuse Journal Of International Law And Commerce - Vol. 42, No. 2 (Complete),
2015
Syracuse University
Syracuse Journal Of International Law And Commerce - Vol. 42, No. 2 (Complete)
Syracuse Journal of International Law and Commerce
No abstract provided.
Forfeiting Federalism: The Faustian Pact With Big Tobacco,
2015
University of Richmond
Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht
Richmond Public Interest Law Review
This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement , or "MSA." Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement.' Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states' dire financial …
Forfeiting Federalism: The Faustian Pact With Big Tobacco,
2015
University of Richmond
Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht
Richmond Journal of Law and the Public Interest
This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement , or "MSA." Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement.' Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states' dire financial …
Are These Game Changers? Developments In The Law Affecting Virtual Currencies, Prepaid Payroll Cards, Online Tribal Lending, And Payday Lenders,
2015
Indiana University Maurer School of Law
Are These Game Changers? Developments In The Law Affecting Virtual Currencies, Prepaid Payroll Cards, Online Tribal Lending, And Payday Lenders, Sarah Jane Hughes, Stephen T. Middlebrook
Articles by Maurer Faculty
In the year since our last survey, there have been significant legal developments in the areas of virtual currencies, prepaid payroll cards, online tribal lending, and payday lending. What connects some of these topics is an increasingly common strategy by federal banking regulators to influence and control the actions of entities that are not directly subject to their supervision through the relationships such entities have with regulated financial institutions. These developments also demonstrate robust state legislative and regulatory action relating to the provision of electronic payments and financial services, and document class actions alleging violations of federal and state laws. …
